1 2025:CGHC:54603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8650 of 2025 Rahul Sahu @ Mahadev S/o Late Shiva Sahu Aged About 19 Years R/o Santoshi Para Ward No. 24 Camp-02 Bhilai Tehsil And District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh The District Magistrate Durg, District Durg C.G., Through S H O, Police Station- Chawni District Durg C.G. (Particular Not Properly Mentioned In The Impugned Order) ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 182/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Chawni District Durg (C.G.) for the offence punishable under Sections 109, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant has alleged that the present applicant/accused, along with other co- accused persons, jointly assaulted the complainant with the intention to cause harm. During the incident, the applicant is specifically alleged to have threatened to eliminate the complainant, while the other co-accused persons inflicted injuries upon him. On the basis of the complainant’s report, an offence has been registered against the applicant under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and other relevant provisions. The Medical Legal Certificate (MLC) of the complainant reveals that the injured sustained grievous injuries. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the main accused in the present case is Sameer Khan, who assaulted the injured with knife, due to which, the injured sustained grievous injuries on his person, whereas the identically situated co-accused, namely, S Karan @ Telga, who assaulted the injured with kicks and fists has already been granted bail by this Court vide order dated 29.08.2025 in MCRC No. 6815 of 2025. The applicant is in jail since 29.04.2025, the applicant has no criminal antecedent, 3 charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. She further submits that the applicant is alleged to have actively participated in the assault upon the complainant along with the other co-accused persons. It is specifically alleged that the applicant threatened to eliminate the complainant during the incident, while the co-accused persons jointly caused grievous injuries to him. The Medical Legal Certificate (MLC) confirms that the complainant sustained grievous injuries. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the documents appended with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 29.04.2025, the fact that though the the applicant is alleged to have actively participated in the assault upon the complainant along with the other co-accused persons, due to which, the injured sustained grievous injuries on his person and the Medical Legal Certificate (MLC) confirms that the complainant sustained grievous injuries, but considering the fact that the main accused in 4 the present case is Sameer Khan, who assaulted the injured with knife, whereas the identically situated co-accused, namely, S Karan @ Telga, who assaulted the injured with kicks and fists has already been granted bail by this Court vide order dated 29.08.2025 in MCRC No. 6815 of 2025 and the said fact is corroborated from the statement of injured recorded under Section 180 of BNSS, hence, the case of present applicant is distinguishable from that of the co-accused, Sameer Khan, who assaulted the injured with knife, also considering the fact that the applicant has no criminal antecedent as mentioned in para 4A of the bail application and charge-sheet has been filed, which is taken on record, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Rahul Sahu @ Mahadev, involved in Crime No. 182/2025 registered at Police Station Chawni District Durg (C.G.) for the offence punishable under Sections 109, 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of 5 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil